M.GOVINDASAMY Vs. R.KRISHNAN

JUDGEMENT

(1.) The case on hand is a classic example of how Practitioners of the noble profession of law have misused the procedure of law committed a gross abuse of process of law and obtained a fraudulent order.

(2.) The facts of the case narrated herein below will clearly demonstrate the above statement: The suit O.S.No.1099 of 1978 came to be filed before the learned District Munsif, Dharmapuri, on 28.04.1978 by five persons, who were practising Advocates styling themselves as 25 Clubs to declare their right over the suit property, recovery of possession from the defendant after removing the newly put up superstructures therein.

(3.) The defendants were A.Maragathammal, wife of Arumuga Pillai, M.Govindasamy, the deceased 1st petitioner and Panchali Ammal. Considering the fact that the plaintiffs were Advocates, none of the Advocates practising at Dharmapuri dared to enter appearance on behalf of the defendants. Therefore, the 3rd defendant was constrained to file an application seeking transfer of the case from the District Munsif Court, Dharmapuri, to the District Munsif Court, Krishnagiri, in O.S.No.6 of 1980 on the file of the learned District Judge, Dharmapuri at Krishnagiri. This petition was filed on 03.03.1980 and notice of the same was issued to the five plaintiffs and the defendants 1 and 2, who were arrayed as respondents 6 and 7. The plaintiffs 1 to 3 entered appearance through their counsel on the very first hearing i.e., on 14.04.1980. Though notice has been served on the plaintiffs 4 and 5 therein, they chose to remain ex parte. It is seen that the proceedings were being adjourned from time to time for the counter of the plaintiffs 1 to 3. The defendants 1 and 2 were also called absent and set ex parte on 16.06.1980. On 15.06.1981, the plaintiffs 4 and 5 were called absent and set ex parte and ultimately, on 18.01.1982, after setting ex parte, the transfer was ordered. The suit O.S.No.1099 of 1978 was directed to be transferred from the file of the District Munsif Court, Dharmapuri, to the file of the District Munsif Court, Krishnagiri. The plaintiffs, who were very much aware about the said transfer, failed to inform the same to the learned District Munsif, Dharmapuri and on 03.08.1982, they managed to get an ex parte decree from a Court which did not have a jurisdiction to try the suit on the date when the ex parte decree was obtained.